Man says arbitration clause in Vanderbilt mortgage is unconscionable

BECKLEY - Todd Lucas filed suit in the Raleigh County Circuit Court on Oct. 28, naming Vanderbilt Mortgage and Finance Inc. as the defendant.

Lucas, a veteran of the National Guard, claims Vanderbilt engaged in abusive debt collection practices.

According to Lucas, he purchased a home in October 2012 and used Vanderbilt to secure a mortgage. Lucas claims he became ill and was unable to work, eventually falling behind on his mortgage payments.

By the end of February, Vanderbilt allegedly began calling Lucas at least once a day. Lucas claims he asked for assistance on his mortgage as he was not financially savvy, but Vanderbilt continued to call him.

In October, Vanderbilt allegedly began the foreclosure process on Lucas' home. Lucas alleges that Vanderbilt included in the mortgage documents a mandatory arbitration clause.

The clause allegedly makes arbitration the only method of dispute resolution between the parties, regardless of the details of the dispute. Lucas claims this clause is unconscionable and unenforceable.

Lucas is seeking a declaratory judgment that would render the arbitration clause void. He is being represented by attorney Ralph C. Young.

Circuit Court of Raleigh County Case No. 13-C-893